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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Home Loss Payments (Prescribed Amounts) (Wales) Regulations 2020 URL: http://www.bailii.org/wales/legis/num_reg/2020/wsi_2020340_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Welsh Statutory Instruments
Acquisition Of Land, Wales
Compensation, Wales
Made
23 March 2020
Laid before the National Assembly for Wales
25 March 2020
Coming into force
27 April 2020
1.-(1) The title of these Regulations is the Home Loss Payments (Prescribed Amounts) (Wales) Regulations 2020 and they come into force on 27 April 2020.
(2) These Regulations apply in relation to Wales.
(3) In these Regulations-
"the Act" ("y Ddeddf") means the Land Compensation Act 1973;
"home loss payment" ("taliad colli cartref") has the meaning given by section 29(1) of the Act.
2. When the date of displacement is on or after 27 April 2020-
(a)the prescribed maximum amount of home loss payment for the purposes of section 30(1) of the Act is £62,000,
(b)the prescribed minimum amount of home loss payment for the purposes of section 30(1) of the Act is £6,200, and
(c)the prescribed amount of home loss payment for the purposes of section 30(2) of the Act is £6,200.
3.-(1) Subject to paragraph (2), the Home Loss Payments (Prescribed Amounts) (Wales) Regulations 2018(3) are revoked.
(2) The Regulations referred to in paragraph (1) will continue to have effect in relation to a displacement occurring before 27 April 2020.
Julie James
Minister for Housing and Local Government, one of the Welsh Ministers
23 March 2020
(This note is not part of the Regulations)
These Regulations, which apply in relation to Wales, increase the maximum and minimum amounts of home loss payments payable under the Land Compensation Act 1973 ("the Act") to those occupying a dwelling who have an owner's interest. These Regulations also increase the amount of home loss payment payable under the Act in any other case.
A person who is displaced from a dwelling by compulsory purchase or in other circumstances specified in section 29 of the Act is entitled to a home loss payment.
Section 30(1) of the Act provides that in cases where a person occupying a dwelling on the date of displacement has an owner's interest, the amount of home loss payment is calculated as a percentage of the market value of that interest, subject to a maximum and minimum amount.
Section 30(2) of the Act specifies the amount of the home loss payment due in any other case.
Regulation 2(a) of these Regulations increases the maximum amount payable under section 30(1) of the Act from £59,000 to £62,000 and regulation 2(b) increases the minimum amount from £5,900 to £6,200.
Regulation 2(c) increases the home loss payment due under section 30(2) of the Act from £5,900 to £6,200.
The revised amounts apply where displacement occurs on or after 27 April 2020.
Regulation 3 revokes, with savings, the Home Loss Payments (Prescribed Amounts) (Wales) Regulations 2018.
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.
1973 c. 26; section 30 was substituted by section 68(3) of the Planning and Compensation Act 1991 (c. 34) with effect from 25 September 1991 (see S.I. 1991/2067, article 3).
The functions of the Secretary of State under section 30 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2, and Schedule 1. Those functions of the National Assembly for Wales under section 30 were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
